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Tanzania Case Law

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Arbitration cereals and other produce of board of tanzania vs monaban trading farming company limited 2022 tzhccomd 266 2 september 2022

cereals and other produce of board of tanzania vs monaban trading farming company limited 2022 tzhccomd 266 2 september 2022

Court
TZHCCOMD

The Sole Arbitrator lacked substantive jurisdiction because the underlying Milling Agreement, including the arbitration clause, was void for want of capacity as required by section 40A(1)(m) of the Public Corporation Act, Cap.257 [R.E 2002]. Consequently, the arbitral award is invalid and must be set aside in whole.

Source excerpt

  • Jurisdiction of arbitrator
  • Validity of arbitration agreement
  • Capacity to contract
  • Serious irregularity in arbitration
  • Setting aside arbitral award
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Arbitration Doc0430PDF

Doc0430PDF

Court
TANZLII

The arbitration agreement is valid under Tanzanian law as the parties had capacity, were properly represented, and the agreement is not invalid under the law to which they subjected it. The reference to 'Cap 16' is a typographical error and does not render the clause void, inoperative, or incapable of being performed. The saving provision in the Arbitration Act, 2020 preserves the validity of agreements made under the repealed law. The petitioner's failure to initiate arbitration does not invalidate the agreement.

Source excerpt

  • Validity of arbitration agreement
  • Revocation of arbitration clause
  • Interpretation of arbitration clauses
  • Party autonomy in arbitration
  • Enforcement of arbitration agreements
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.